Should I Sue A Doctor Or The Hospital?
Depending on the facts of your medical malpractice claim, you may be able to sue the doctor, hospital, or both parties. It can be challenging to determine which party is at fault and liable for your damages. In most cases, it’s clear that the doctor is at fault. However, there may be multiple parties involved in most surgical operations and other medical procedures. Additionally, in other cases, a hospital can be held liable for medical errors.
To find out whether the doctor, hospital, or both parties are liable for your injuries, reach out to a seasoned SC medical malpractice lawyer. Meanwhile, here’s what you need to know about determining which parties can be sued in medical malpractice claims.
When You Can Sue a Doctor for Medical Malpractice in SC
Doctors are usually independent contractors, meaning that they are not hospital employees and are self-employed. If the doctor who harmed you is an independent contractor, you can sue them for malpractice. However, you cannot sue the hospital where the medical error occurred because the doctor isn’t an employee of the hospital. This means you can’t hold the hospital liable for the doctor’s actions.
You can also sue a doctor who was supervising a hospital employee who committed the malpractice because they failed to prevent the medical error.
When You Can Sue The Hospital for Medical Malpractice in SC
If an employee of the hospital, such as a nurse, medical technician, or maintenance personnel, commits medical malpractice, you can sue the hospital for the employee’s negligent actions. The same applies if the doctor is officially employed by the hospital.
Under certain circumstances, you can also hold the hospital vicariously liable for your damages even if it doesn’t employ the negligent doctor. For instance, you can sue the hospital if you were not properly informed about the doctor’s independent contractor status. Hospitals typically disclose this important detail on admission forms to make sure they can’t be held liable for the doctor’s negligence.
In addition, you can bring a medical malpractice claim against a hospital for negligently hiring an incompetent doctor. This holds true even in cases where a formerly competent doctor suddenly becomes incompetent for whatever reason because the hospital still works with them.
Get In Touch With Our Experienced SC Medical Malpractice Lawyers Today
If you have sustained injuries due to medical malpractice, it is in your best interest to consult with an SC medical malpractice lawyer right away. When you work with the SC medical malpractice lawyers at Oxner & Stacy Law Firm LLC, we will investigate your case thoroughly to determine which parties you can hold liable for your injuries and seek compensation from.
Whether through a settlement or court award, we will strive to obtain maximum compensation on your behalf that will cover all the losses you incurred because of your injuries. To learn more about your claim, call our office at 843-527-8020 or contact us online and schedule your free case review with our SC medical malpractice lawyers.